Petitioner challenged a bank recovery notice via writ petition, seeking quashing of the demand for loan defaults. The court held the matter is commercial and for the bank to settle, dismissing the petition.
Petition dismissed; petitioner directed to approach bank for settlement.
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Court No. - 39
Case :- WRIT - C No. - 33788 of 2018
Petitioner :- Ram Kuber Respondent :- State Of U P And Another Counsel for Petitioner :- Surendra Prasad Yadav Counsel for Respondent :- C.S.C.,Aditiya Kumar Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Surendra Prasad Yadav, learned counsel for the petitioner and Sri Adiya Kumar Singh, learned counsel for respondent No.2.
The petitioner in this writ petition, is seeking quashing of the recovery demand notice dated 25.4.2018 issued by the respondent No.2, whereby a sum of Rs. 2,93,488 + interest is to be recovered from the petitioner.
Briefly stated the facts of the case are that the petitioner took a loan of Rs. 2,00,000/- from the respondent bank for purchasing Alto Car, but he could not pay off the loan. It is stated that till date the petitioner has deposited only Rs. 65,000/-. He has been issued a notice for recovery of Rs.2,93,488 + interest + recovery charges.
In our opinion, the petitioner should approach the bank concerned and try to settle the matter and even if he wants to pay the remaining amount then what should be the instalments is also an issue to be settled with the bank. In such financial matters the petitioner should approach the bank. It is not the business of the High Court to enter into commercial transactions and fix easy instalments for repayment of loan.
The writ petition lacks merit and is dismissed.
Order Date :- 8.10.2018 Ak/
2 issues framed by the court
Whether the High Court should quash a bank's recovery demand notice for a defaulted car loan.
Whether fixing repayment instalments on a financial dispute is the business of the court.
Ram Kuber
State Of U P
Another
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
